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E-form 22A (Active Form) introduced by MCA on 21st Feb

CS Jigar Shah 
on 22 February 2019

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MCA introduces new e-form 22A - also known as eForm ACTIVE (Active Company Tagging Identities and Verification)

1) Applicable to?

The Form 22A is applicable to every Company Incorporated on or before 31/12/2017. (However,  Companies whose due Financial Statements or Annual Return or both are not will not be able to file ACTIVE form 9exception for under dispute Cos)

2) Which Companies are exempted from the compliance of filing

  • Struck Off Companies
  • Under Process of Striking off Companies
  • Under Amalgamation Companies
  • Under Liquidation Companies
  • Dissolved Companies

3) Mandatory Attachment in from INC - 22A : One of the most weird provision introduced in recent time by MCA. 

Photograph of Registered Office showing external building and inside office also showing therein atleast one director/ KMP who has affixed his/her DSC to this form.

4) Information required for filing of eForm 22A?

  • Email ID and OTP generated on EMAIL ID
  • List of all Directors of the Company with Active status of DIN. If any Director on Board of the Company who does not have the Active DIN status, Company will not be able to file Form 22A.
  • Details of Auditor/s
  • Details of Cost Auditor/s
  • Details of CEO, CFO and CS, if any
  • SRN of AOC4, AOC4 XBRL and MGT-7

5) What is the due date for filing of Form 22A

Every Company incorporated before December 31, 2017 are required to file eForm 22A on or before April 25, 2019.

6) Consequences of late / Non Filing of Form 22A/eForm ACTIVE

i) Any filing after April 25, 2019 will be possible only after payment of late fees of Rs. 10,000/-
ii) The Company will be marked as "Active - Non Compliant" in MCA Master Data.
iii) Such defaulting Companies will not be allowed to file following eforms

  1. SH-7
  2. PAS-3
  3. DIR-12 (except cessation)
  4. INC-22
  5. INC-28 (for amalgamation /demerger)

To access relevant amendment Rules, click on links below

http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporationAmendmentRules_21022019.pdf
http://www.mca.gov.in/Ministry/pdf/CompaniesRegnOfficesFeesRules21022019.pdf

Disclaimer:

This material and the information contained herein are prepared by JMJA & Associates LLP, Practicing Company Secretaries & Team (JMJA) is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). None of JMJA, its associate firms, or its members/employees is, by means of this material, rendering professional advice or services. The information is not intended to be relied upon as the sole basis for any decision which may affect you or your business. Before making any decision or taking any action that might affect your personal finances or business, you should consult a qualified professional adviser. JMJA shall not be responsible for any loss whatsoever sustained by any person who relies on this material.


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